Telangana High Court
Medari Naresh vs The State Of Telangana on 28 April, 2023
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.4441 OF 2023
ORDER:
The present Criminal Petition is filed under Section 482 of Code of Criminal Procedure (for short 'Cr.P.C.'), to set aside the order dated 07.01.2023 passed in Crl.M.P.No.216 of 2021 in M.C.No.17 of 2020 by the learned Family Court Judge, L.B. Nagar, Ranga Reddy District.
2. The petitioner is the husband of 2nd respondent and father of 3rd respondent. The respondent Nos.2 and 3 herein has filed a petition under Section 125 of Cr.P.C. vide M.C.No.17 of 2020 seeking maintenance from the petitioner herein. They have also filed an application under Section 125 (1) of Cr.P.C. vide Crl.M.P.No.216 of 2021 in M.C.No.17 of 2020 seeking interim maintenance from the petitioner herein. Vide order dated 07.01.2023, learned Family Court Judge, L.B. Nagar, Ranga Reddy District, directed the respondent therein to pay an amount of Rs.6,000/- per month each to the petitioner Nos.1 and 2 therein towards interim maintenance till disposal of main maintenance case. Aggrieved by the said order of 2 the learned Family Court Judge, the petitioner - respondent filed this criminal petition to set aside the aforesaid order.
3. Heard learned counsel for the petitioner and learned Public Prosecutor for the respondent-State. Perused the record.
4. Learned counsel for the petitioner would submit that there are disputes between the petitioner and 2nd respondent regarding the illegal intimacy of 2nd respondent with another man, and due to which, the petitioner's state of mind was disturbed, as such, he could not concentrate on his job. Therefore, he could not earn to provide interim maintenance to the 2nd and 3rd respondents and prayed to set aside the order dated 07.01.2023 passed by the learned Family Court Judge.
5. Keeping in view the facts and circumstances of the case, this Court deems it appropriate to direct the petitioner to continue to pay the interim maintenance to the 2nd and 3rd respondents as ordered by the learned Family Court Judge i.e., Rs.6,000/- per month each to 2nd and 3rd respondents. However, 50% the arrears shall be paid within a period of six (06) weeks from the date of this order and remaining 3 50% of arrears shall be subject to the outcome of main maintenance case.
6. Further, the learned Family Court Judge, L.B. Nagar, Ranga Reddy District, is directed to dispose of the maintenance case, in accordance with law, as expeditiously as possible, within a period of four (04) months, from the date of receipt of a copy of this order.
7. With the above directions, this Criminal Petition is disposed of.
Miscellaneous Petitions, if any, pending, shall also stand closed.
_________________ K. SURENDER, J Date: 28.04.2023 rev